Rail travel your rights

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1 Rail travel your rights When you buy a train ticket you are making a contract with the train company for the provision of a rail travel service. If you buy your ticket via a third party, that party is acting as the train company's agent and the train company remains liable to you to fulfil the terms of the contract and provide you with the rail travel service that you have paid for. You have legal rights against the train company under the Supply of Goods and Services Act You also have rights and obligations that are set out in the Rail Passengers' Rights and Obligations Regulations 2010 and encompassed in the National Rail Conditions of Carriage and each train company's Passenger Charter. In this guide: The law National Rail Conditions of Carriage Passenger Charter I have a complaint - what should I do? My complaint has not been resolved - what should I do? Other useful contacts The law THE SUPPLY OF GOODS AND SERVICES ACT 1982 This law states that you are entitled to expect that a service provided by a trader is carried out: With reasonable care and skill In a reasonable time (if there is no specific time agreed) For a reasonable charge (if no fixed price was set in advance) In the case of rail travel, the train company is providing a service and if it fails to provide the service for which you have paid, it may be in breach of contract and liable to pay you damages and/or compensation. CA64 07/14 1

2 RAIL PASSENGERS' RIGHTS AND OBLIGATIONS REGULATIONS 2010 EC Regulation 1371/2007 strengthened and harmonised the rights of rail passengers across the European Community. The Rail Passengers' Rights and Obligations Regulations 2010 brought the EC Regulation into force in the UK. The Office of Rail Regulation is responsible for enforcing the regulations and Passenger Focus and London TravelWatch deal with complaints from passengers. National Rail Conditions of Carriage The rights you have under the Rail Passengers' Rights and Obligations Regulations 2010 when travelling by train on the national rail network are set out in the National Rail Conditions of Carriage ( Some of the key conditions are summarised below: TICKETS (includes electronic tickets) The train company must make tickets available to buy from stations, online and by phone as appropriate. You can buy a ticket during or at the end of a journey if there are no facilities at the station. You must have a valid ticket to travel otherwise you may be liable to pay a penalty fare. Tickets may specify: that they are only valid to use on a certain train company's trains the time period that you can use the ticket travel restrictions the route you are entitled to take that a railcard must be produced if they were bought using a railcard that a photocard or other form of identification must be produced (season tickets, electronic tickets, etc.) YOUR RIGHT TO A REFUND If you have not used your ticket to make all or part of your journey because the train was cancelled, delayed, your reservation was not honoured or you decided not to travel, you can take your unused ticket to any train company's ticket office and receive an immediate full refund. If you return the unused ticket to the train company within 28 days of its expiry, you are entitled to a full refund within 1 month of your claim. 2

3 Note that in some circumstances an administration charge of not more than 10 is payable to process a refund. If the cost of the charge is more than the refund due, then the refund will not be paid. Your right to a refund can be restricted if you bought reduced or discounted tickets, but you must be given clear information on this restriction at the time you buy the ticket. You can cancel a payment to buy a ticket that was made on your credit or debit card if it was a fraudulent payment. If you do not use or decide to stop using a season ticket and there is between 3 days and 7 days validity remaining, depending on the type of season ticket, you can claim a refund. The method of calculating the refund is set out in the conditions of carriage. YOUR RIGHT TO COMPENSATION FOR DELAYS When delays, cancellations or poor service occur that are within the control of the train company or rail service company, you are entitled to compensation. This is set out in the train company's Passenger Charter. Each train company determines the level of compensation it pays, which is in the form of travel vouchers, but the minimum amount for a delay of more than 60 minutes is set out below: Type of Ticket Single ticket Return ticket - delay on outward or return trip Return ticket - delay on outward and return trip 7 day season ticket - for each day a delay occurs Season ticket of a month or longer Amount in Vouchers 20% of the price paid 10% of the price paid 20% of the price paid 20% of the price paid/7 Check the discount/compensation arrangements in the train company's Passenger Charter Rail travel vouchers can be exchanged for, or used in part payment, for tickets. Under this condition, the amount of compensation represents the total liability of the train company for delays. They do not accept liability for loss (including consequential loss) for the delay or cancellation of a train but they may, in exceptional circumstances, consider additional claims. If you wish to make a claim, you should send your ticket, along with full 3

4 details of your journey, to the train company within 28 days of the date of the journey. The conditions of carriage set out the circumstances that are not considered within the control of the train or rail service company, such as acts of vandalism or terrorism, suicides, line closures at the request of the police and severe weather. These are known as 'force majeure' events. In such circumstances compensation may not be payable. However a Court of Justice of the European Union case has ruled that rail passengers are entitled to a partial refund of the price of their train ticket, even when the delay is attributed to a force majeure event. Contact Citizens Advice consumer service or Passenger Focus for advice if you have a complaint of this type. DISABLED AND REDUCED MOBILITY PASSENGERS If you give at least 24 hours notice, the minimum requirement of a train company is that is provides free assistance to you, such as helping you get on and off the train where a station is staffed and making reasonable efforts to assist at stations that are not staffed. A train company should ensure you can complete your journey, by arranging alternative transport for instance, if a train or station is not accessible to you. You should be provided with information on request about the accessibility of rail services and facilities on trains. Train Companies Passenger Charter All train companies must have a passenger charter that sets out what their commitments are to their passengers. Train companies may give you additional rights to those you are entitled to expect under the National Rail Conditions of Carriage. You can find a list of the train companies on the National Rail Enquiries website Most train companies operate a 'delay repay' scheme and details can be found in their Passenger Charter. Some companies will pay compensation for delays over 30 minutes at a level that is higher than the minimum required under the National Rail Conditions of Carriage regardless of the cause of the delay. Some companies will only pay compensation if the delay was within their control. However you should note the ruling in the EU court case mentioned above. Check with the relevant train company to find out if the compensation is financial or in vouchers. 4

5 Some train companies operate a 'seat reservation compensation' scheme. If you reserve a seat and it is not available and an alternative seat cannot be found on the train then you may be able to claim compensation in accordance with the relevant train company's Passenger Charter. Where possible, ensure your ticket and seat reservation slip are endorsed by the train guard as proof. What to do if you have a complaint read the National Rail Conditions of Carriage and the train company's Passenger Charter the Passenger Charter should have details of the train company's complaints procedure complain to the train company and give them the opportunity to respond if you complain by phone follow up with an or letter so you have evidence of your complaint give a full explanation of your complaint, including the details of the journey and how much you paid (send a copy of your ticket), what the nature of your complaint is, what you would like the train company to do and by when keep copies of s and letters that you send and also replies that you receive. Please see our 'Writing an Effective Letter of Complaint' leaflet for more information. My complaint has not been resolved - what can I do? If you have reached deadlock with the train company and your complaint has not been resolved you can contact: Citizens Advice Consumer Service on Passenger Focus Freepost RTEH-XAGE-BYKZ PO Box 5594 Southend on Sea SS1 9PZ Tel: advice@passengerfocus.org.uk Web: London Travelwatch Dexter House 2 Royal Mint Court 5

6 London EC3N 4QN Tel: Web: Other Useful Contacts Office of Rail Regulation One Kemble Street London WC2B 4AN Tel: National Rail Enquiries Customer Relations Freepost RSEH-TBGE-HBJJ Plymouth PL4 6AB Tel: Web: Relevant Legislation Supply of Goods and Services Act 1982 ( Rail Passengers' Rights and Obligations Regulations 2010 ( Where can I get further help? This leaflet is not an authoritative interpretation of the law and is intended only for guidance. Any legislation referred to, while still current, may have been amended from the form in which it was originally enacted. For further information, please contact Citizens Advice. The Citizens Advice consumer service provides free, confidential and impartial advice on consumer issues. Visit or call the Citizens Advice consumer helpline on If you are a business, contact us by any of the following methods: 6

7 Derbyshire Trading Standards Service Chatsworth Hall Chesterfield Road Matlock Derbyshire DE4 3FW Telephone: Call Derbyshire Fax: Website: We want everyone to be able to understand us. On request, we will arrange: Language interpreters, including for sign language Translation of written materials into other languages Materials in large print, on tape or in Braille. Trading Standards Institute To ensure that you are looking at the most up-to-date version of this leaflet, please visit our website at or telephone us on

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